On June 23, 2022, the Federal Trade Commission (FTC) announced that it had entered into consent orders with manufacturers Harley-Davidson Motor Company Group, LLC and MWE Investments, LLC (maker of Westinghouse outdoor...more
Welcome to the second annual installment of Seyfarth Shaw’s Commercial Litigation Outlook. Our nationally recognized team provides keen insights about what to expect in 2022. In short, it will be a busy year that will call...more
3/15/2022
/ Class Action ,
Commercial Bankruptcy ,
Commercial Court ,
Commercial Litigation ,
Cybersecurity ,
Data Privacy ,
Department of Justice (DOJ) ,
Fair Credit Reporting Act (FCRA) ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
FinTech
The US Department of Justice (DOJ) recently announced the indictment by a grand jury charging four owners/managers of home health care agencies in Maine with participating in a conspiracy to suppress wages and restrict the...more
On February 2, 2022, U.S. Rep. Bobby L. Rush introduced the Right to Equitable and Professional Auto Industry Repair (REPAIR) Act, H.R. 6570 (the “Act”), legislation that would require OEMs to make vehicle-generated data more...more
On January 24, 2022, the Federal Trade Commission (FTC) announced that in 2022 the threshold for applying the size-of-parties test of the Hart-Scott-Rodino (HSR) Act will increase from $92 million to $101 million. Deals that...more
On Monday, October 25, the Ninth Circuit Court of Appeals issued its long-awaited decision in the case brought by the two leading US providers of dealership management systems (“DMS”), CDK Global and Reynolds & Reynolds, to...more
Yesterday, President Biden issued an “Executive Order on Strengthening American Leadership in Clean Cars and Trucks.” The executive order sets “a goal that 50 percent of all new passenger cars and light trucks sold in 2030...more
Following hard on the heels of President Biden’s July 9, 2021 “Executive Order on Promoting Competition in the American Economy,” which directed federal agencies to exercise their authority to promote competition and curtail...more
On February 2, 2021, the Federal Trade Commission (FTC) announced that in 2021 the threshold for applying the size-of-parties test of the Hart-Scott-Rodino (HSR) Act will decrease from $94 million to $92 million. Deals that...more
On Wednesday, January 27, a Massachusetts federal judge heard oral argument on a motion filed by the Massachusetts Attorney General’s Office seeking early dismissal of a constitutional challenge brought by the Alliance for...more
On Wednesday, May 20, 2020, an Arizona federal district court judge issued a long-awaited order on motions to dismiss a complaint filed by CDK Global LLC (CDK) and Reynolds & Reynolds Company (Reynolds) challenging amendments...more
5/28/2020
/ Car Dealerships ,
Commerce Clause ,
Computer Fraud and Abuse Act (CFAA) ,
Contracts Clause ,
Data Management ,
Data Protection ,
Data Security ,
Defend Trade Secrets Act (DTSA) ,
DMCA ,
Due Process ,
First Amendment ,
Gramm-Leach-Blilely Act ,
Personally Identifiable Information ,
Preemption ,
Takings Clause
The California Department of Motor Vehicles (“DMV”) recently disclosed the results of its investigation of the “Care by Volvo” car subscription service (“CbV”) that was challenged as unlawful competition by the California New...more
5/8/2020
/ Auto Lease ,
Car Dealerships ,
Consumer Contracts ,
Contract Renewal ,
Contract Terms ,
Goods or Services ,
Manufacturers ,
Motor Vehicles ,
OEM ,
Subscription Services ,
Unfair Competition
In a unanimous Opinion and Final Order issued on November 1, 2019, the Federal Trade Commission (“FTC”) upheld an administrative law judge’s determination that the acquisition by one leading US supplier of lower-limb...more
11/21/2019
/ Administrative Law Judge (ALJ) ,
Antitrust Provisions ,
Antitrust Violations ,
Competition ,
Corporate Counsel ,
Corporate Sales Transactions ,
Divestment ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Healthcare ,
Life Sciences ,
Medical Devices ,
Pharmaceutical Industry
The two leading Dealer Management System (“DMS”) providers in the United States—CDK Global, LLC (“CDK”) and The Reynolds & Reynolds Company (“Reynolds”)—have filed suit in federal court in Arizona seeking to block an...more
Executive Summary and Takeaway. User agreements for websites and apps have become increasingly prevalent in recent years, and courts have had to adapt traditional rules of contract interpretation to the new digital frontier....more
7/3/2018
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Click-Through Nexus ,
Conspicuous Publication Rule ,
Consumer Contracts ,
Corporate Counsel ,
Mandatory Arbitration Clauses ,
Online Contracts ,
Ridesharing ,
Terms of Service ,
Uber
On Friday, January 27, 2018, the Federal Trade Commission (FTC) announced the revised “size of transaction” thresholds for 2018 for reporting proposed mergers and acquisitions under Section 7A of the Clayton Act, as added by...more
1/31/2018
/ Antitrust Provisions ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Notification Requirements ,
Premerger Notifications ,
Publicly-Traded Companies ,
Regulatory Oversight ,
Regulatory Standards ,
Section 7(a) ,
The Clayton Act ,
Threshold Requirements
The Federal Trade Commission (FTC) recently announced that the 2017 size-of-transaction threshold for reporting proposed mergers and acquisitions under Section 7A of the Clayton Act, as added by the Hart-Scott-Rodino...more
1/25/2017
/ Acquisitions ,
Antitrust Provisions ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Hedge Funds ,
Investors ,
Mergers ,
Premerger Notifications ,
Securities and Exchange Commission (SEC) ,
Threshold Requirements ,
Voting Securities